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June 28, 2007

Employment-Based Immigrant Visa Numbers
May Become Unavailable Sooner Than Expected



EXECUTIVE SUMMARY

It has been reported that U.S. Citizenship and Immigration Services (USCIS) has indicated that employment-based numbers may be exhausted sooner than expected and could become unavailable or subject to new retrogression during the month of July. USCIS reportedly has sufficient numbers of immigrant cases in its adjudications pipeline to meet the reported 40,000 employment-based visa numbers that remain for Fiscal Year (FY) 2007. If employment-based numbers become unavailable in mid-month, USCIS could cease accepting applications for adjustment of status before the end of the July, though it is not yet possible to predict when this could occur.


It has been reported and unofficially confirmed by FRAGOMEN that U.S. Citizenship and Immigration Services (USCIS) has indicated that employment-based immigrant visa numbers may be exhausted sooner than expected and could become unavailable or subject to new retrogression during the course of the month of July. This would be contrary to information in the July Visa Bulletin issued by the Department of State, which stated projected availability through the month of July.

Agency representatives have reportedly stated that USCIS has sufficient numbers of employment-based immigrant cases that are ready to be approved and counted against the estimated 40,000 employment-based numbers that remain for Fiscal Year (FY) 2007. USCIS has not officially confirmed these reports. Our understanding is that discussions on the issue of visa availability have been escalated to a high level in the government and we will continue to seek definitive information.

There has been speculation that a change in anticipated demand may be the result of inaccurate projections by the government about the number of employment-based cases that are both ready for approval and have completed security checks.

If employment-based numbers become unavailable, it is likely that USCIS would stop accepting applications for adjustment of status, regardless of the information contained in the July Visa Bulletin. It is also possible that the State Department could release a Supplemental Visa Bulletin that updates its forecasts of visa availability. Though it is possible that USCIS would continue to accept adjustment applications through July despite visa unavailability, this appears to be unlikely.

As previously mentioned, it is our understanding that discussions are underway both within USCIS and between USCIS and the Department of State, and FRAGOMEN continue to seek more definitive information. We will issue additional Client Alerts as new information becomes available. If you have any questions about this Client Alert, please contact your designated FRAGOMEN professional.

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